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Regulation

Complicity and Contraception: Rethinking Hobby Lobby’s Claim of ‘Substantial Burden on the Exercise of Religion’

Within the next month, the United States Supreme Court will decide whether for-profit corporations shall receive an exemption from providing certain types of contraceptives that are otherwise mandated for healthcare coverage by federal law to employees on the basis of the religious objections of the corporations’ owners.  The two cases considered in tandem by the Supreme Court, Sebelius v Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corporation v Sebelius (Hobby Lobby from here on out), feature a Christian-owned arts and crafts chain and a Mennonite Christian-owned furniture manufacturer, the owners of which object to four specific forms of birth control that they claim cause abortions.

In making their argument for an exemption, the claimants rely mainly on the Religious Freedom Restoration Act (RFRA) passed by Congress in 1993. The RFRA states, “Government shall not substantially burden a person’s exercise of religion…” unless “that application of the burden to the person – 1) is furtherance of a compelling governmental interest; and 2) is the least restrictive means of furthering that compelling governmental interest.” This sets up three tests for judging the permissibility of a government act: the substantial burden test, the compelling interest test, and the least restrictive means test. For the claimants in Hobby Lobby to be successful under the RFRA, the Supreme Court would need to decide first that the government’s ‘contraception mandate’ is indeed a ‘substantial burden’ and second that the provision of contraception is both a compelling government interest and that employer based health insurance is the least restrictive method for securing that interest.

Scholars and journalists have taken various approaches in responding to the range of questions related to these three tests. However, I argue here that Hobby Lobby’s exemption claim can be denied without diving into this spectrum by showing that it fails to meet the first test: the government does not place a substantial burden on the exercise of religion by Hobby Lobby and Conestoga Wood in its ‘contraception mandate.’Read More »Complicity and Contraception: Rethinking Hobby Lobby’s Claim of ‘Substantial Burden on the Exercise of Religion’

“Whoa though, does it ever burn” – Why the consumer market for brain stimulation devices will be a good thing, as long as it is regulated

In many places around the world, there are people connecting electrodes to their heads to electrically stimulate their brains. Their intentions are often to boost various aspect of mental performance for skill development, gaming or just to see what happens. With the emergence of a more accessible market for glossy, well-branded brain stimulation devices it is likely that more and more people will consider trying them out.

Transcranial direct current stimulation (tDCS) is a brain stimulation technique which involves passing a small electrical current between two or more electrodes positioned on the left and right side of the scalp. The current excites the neurons, increasing their spontaneous activity. Although the first whole-unit devices are being marketed primarily for gamers, there is a well-established DIY tDCS community, members of which have been using the principles of tDCS to experiment with home-built devices which they use for purposes ranging from self-treatment of depression to improvement of memory, alertness, motor skills and reaction times.

Until now, non-clinical tDCS has been the preserve of those willing to invest time and nerve into researching which components to buy, how to attach wires to batteries and electrodes to wires, and how best to avoid burnt scalps, headaches, visual disturbances and even passing out. The tDCS Reddit forum currently has 3,763 subscribed readers who swap stories about best techniques, bad experiences and apparent successes. Many seem to be relying on other posters to answer technical questions and to seek reassurance about which side effects are ‘normal’. Worryingly, the answers they receive are often conflicting.Read More »“Whoa though, does it ever burn” – Why the consumer market for brain stimulation devices will be a good thing, as long as it is regulated

Crowd homebuying (or: How to own a home with no savings and no mortgage)

by Rebecca Roache

Follow Rebecca on Twitter here

I originally posted this on my own blog. It’s not the usual sort of post I write for Practical Ethics, in that it’s not going to involve any ethical debate. But neither is it an ethically irrelevant topic, since I’m hoping that what I describe could help make life better for many people. I hope you’ll let me know what you think.

 

People rent rather than buy their homes for various reasons. Renting is more convenient and flexible than buying, since it’s easier to become a tenant than an owner, and easier to move on from a rented property than from one that you own. But a major reason that many people rent rather than buy is because they have no choice: they cannot afford to buy.

I want to challenge this view. I will argue that it is only because of the way in which our current system of buying and selling property works that many people cannot easily invest in property. This system is outdated. Overhauling it would make owning property easier for people not currently on the property ladder and more profitable for current homeowners. It would also give homeowners the flexibility and convenience currently enjoyed by renters, and it would give renters the security and investment opportunity currently enjoyed by owners. Further, overhauling the current system need not be complicated at all: it can be done by implementing tried-and-tested practices that are already used for other purposes.

A disclaimer before I start: I am a philosopher, not an expert on the property market. Reading about financial matters sends me to sleep. Whilst, as a reluctant tenant, I have given this matter a great deal of thought, these ideas are going to be half-baked. I know this already, so you don’t need to leave a comment to point it out. If you know more about how this could work than I do, please help educate me and help develop this idea by sharing your expertise in a comment. I may update this post to reflect improvements suggested by commenters.

Read More »Crowd homebuying (or: How to own a home with no savings and no mortgage)

Another Surprising Side-Effect of Paracetamol: Causing ADHD?

Photo: Colourbox

Taking the popular over-the-counter pain and fever medication paracetamol during pregnancy might affect the unborn child more than we assumed – and hoped for. Recently, research began to link pre-natal exposure of paracetamol (also known as acetominophen) to asthma and poor motor and communication skills in small children. Now, a new study published yesterday suggests that taking paracetamol during pregnancy comes with an increased risk for the baby of developing attention deficit hyperactivity disorder (ADHD) later.

The authors of this study investigated 64,322 Danish children (born 1996-2002) and their mothers. The women were asked whether they have taken paracetamol in computer-assisted telephone interviews three times during their pregnancy and shortly after. To asses ADHD in children, the researchers used different ways: they asked the mothers of 7-year-olds about their child’s behaviour using a standardised ADHD questionnaire. Moreover, they used Danish medical registries to gain information about diagnoses of hyperkinetic disorder, which resembles a severe form of ADHD, and descriptions of ADHD medication to the children.

Read More »Another Surprising Side-Effect of Paracetamol: Causing ADHD?

Should we ban women from smoking while pregnant?

 

In the U.K., a Labour plan has recently been in the news and stimulating some interesting debate – mainly about the over-regulation of smoking.

As can be seen on the BBC news website, Labour peers have “tabled an amendment to the Children and Families Bill detailing their proposal for England, which they said was about “protecting children”. Lord Hunt, who supports the motion, has stated

“Some Lords will argue a car is a private space and that we should not legislate for what happens within such a space. But there are more important principles than that… For one for me is the need for child protection. Unlike most adults, children lack the freedom to decide when and how to travel, they lack the authority most adults have to ask people not to smoke in their company. And in those circumstances I think it is right for Parliament to step in to protect children.”Read More »Should we ban women from smoking while pregnant?

Medical ethics are ridiculous

In a blistering letter in the current issue of the British Medical Journal, Miran Epstein identifies some of the factors we should consider in assessing the claims of so-called ‘evidence-based medicine’.[1] Nobody rationally disagrees with the suggestion that medicine should have an evidence base, and everybody should agree that in order for medicine to be based on reliable evidence, it should be free of the following ‘polluters’:

  •  financial conflicts of interest
  •  inadequately rigorous selection criteria, outcome measures and criteria of statistical significance
  • the practice of testing products against placebo or no treatment (rather than current treatment), and then shouting ‘Eureka!’
  • recruiting subjects using financial incentives that introduce outcome bias
  • marketing campaigns masquerading as research

The incoherence of Obama’s position on marijuana

           U.S. President Barack Obama’s recent interview in the New Yorker was surprisingly interesting.  While some have noted his disapproval towards a (hypothetical) son playing pro football out of concussion concerns, the more remarkable comments concern marijuana:  he says it’s “not very different from…cigarettes” and “I don’t think it’s more dangerous than alcohol.”  He did not come out in favour of legalisation, however, and this makes his views (and, to a certain extent, the position of the executive branch charged with carrying out federal law) incoherent – by which I mean, his various positions taken together are inconsistent.  Obama may well ‘evolve’ further as he did with gay marriage, but any such evolution will likely come too late in his term to lead to an effective, permanent change in policy. Read More »The incoherence of Obama’s position on marijuana

Oxford Martin School Seminar: Robert Rogers and Paul Van Lange on Social Dilemmas

In a joint event on November 15th, Prof Robert Rogers and Prof Paul van Lange presented their scientific work related to social dilemmas.

Social dilemmas are situations in which private interests conflict with collective interests. This means that people facing a social dilemma have to decide whether to prioritise either their own short-term interests or the long-term interests of a group. Many real-life situations are social dilemmas. For example, as individuals we would (economically) benefit from using public motorways without paying taxes to maintain them, but if all acted according to their self-interest, no motorways would be built and the whole society would be worse off. In the academic literature, the three types of social dilemmas that are discussed most prominently are the Prisoner’s Dilemma, the Public Goods Dilemma, and the Tragedy of the Commons. All three types have been modelled as experimental games, and research from different fields like psychology, neuroscience, and behavioural economics uses these games to tackle the question of under which conditions people are willing to cooperate with one another in social dilemmas, instead of maximising their self-interest. The ultimate goal of such research is to be able to give recommendations about how to solve social dilemmas in society.

Read More »Oxford Martin School Seminar: Robert Rogers and Paul Van Lange on Social Dilemmas

Beyond 23andMe’s Shutdown: The Role of the FDA in the Future of Direct-to-Consumer Genetic Testing

Kyle Edwards, Uehiro Centre for Practical Ethics and The Ethox Centre, University of Oxford Caroline Huang, The Ethox Centre, University of Oxford An article based on this blog post has now been published in the May – June 2014 Hastings Center Report: http://onlinelibrary.wiley.com/doi/10.1002/hast.310/full. Please check out our more developed thoughts on this topic there!

The new offence of ‘wilful neglect’ – what’s new?

It was announced last week that a new offence of ‘wilful neglect or mistreatment’ is to be created for NHS hospital staff whose conduct amounts to the deliberate or reckless mistreatment of patients. This offence will be modeled on an existing offence under the Mental Capacity Act which punishes the wilful neglect or ill-treatment of patients lacking capacity. Currently, a medical worker convicted of this offence faces a maximum sentence of five years imprisonment, or an unlimited fine. The sanctions for the proposed new offence are likely to be of a similar severity.

The creation of the offence comes in the wake of the inquiry into the widespread negligence that occurred at Mid Staffordshire hospital. Intended principally to deter healthcare workers from mistreating patients, the new offence has been proposed following review of patient safety. The leader of the review, Professor Don Berwick, emphasized that patient safety must become the top priority and that the measure was needed to target the worst cases of a ‘couldn’t care less’ attitude that led to ‘wilful or reckless neglect or mistreatment’.

Concerns about its impact

Whilst most would agree that patient safety should clearly be a priority, there has been concern that the new criminal sanction could create a ‘climate of fear’ amongst healthcare workers and that individual workers will be penalised for mistakes that are the result of inadequate staffing or simple human error, rather than blameworthy acts of malice.Read More »The new offence of ‘wilful neglect’ – what’s new?